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I was a 5 year work permit holder since September 2006. I was made redundant in December 2010.I applied for a Tier 2 General VISA which was granted by April 28th 2011. Due to this delay I was not legally working for the time period of 4 months (Jan2011 till Apr 2011) However once my TIER 2 VISA for 3 years came I started working for my sponsor.

My name couldn't be put on the company payroll for one and half months of officially joining my job on May 1st 2011, due to some technical problems from my office.

Anyway I was given a legal freelance contract for May and June till 20th and given my salary for this period by cheque.

But after June 20th I was put on Payroll and started getting my payslips as normal. I have got my payslip for June 10 days pay and july, a freelance contract for may and june till 20th and employment contract from June 20th 2011.

I am eligible for my ILR application in August first week 2011. My query is , will my ILR be refused as I cannot show my payslips for 3 months?…I have enough bank balance and have been paid regularly and legally.

OR should I wait for some more time. If I wait for a couple of months, will the new ILR rules affect me?
Thnaks,

I think that breaks in employment of 90+ days would reset the ILR clock and that you may need to wait until April 2016 to apply.

Furthermore the proposed changes to settlement may make it more difficult or even impossible to settle, even in 2016.

Maybe immigration advisor may be able to help find some loophole, but as it stands it doesn't look good.

Good luck anyway...

milan_ns, thanks for your post and sorry for the confusion in my last post.

"I think that breaks in employment of 90+ days would reset the ILR clock and that you may need to wait until April 2016 to apply"….

I think this will not apply in my case as I had got my new job and had applied for my Tier 2 General Visa with proper Sponsor License in November 2010, one month before I was made redundant from my first job.

The UKBA took around 6 months to process my visa…(from November 26th 2010 till April 26th 2011). Hence my Passport and Visa was with the UKBA for that time period.

However I had my first job till December 31st 2010. I had no legal permission to start my new job till I got my Tier 2 Visa.

…Due to this delay I was not legally working for the time period of 4 months (Jan2011 till Apr 2011) (as I had stated earlier)

I got my visa on April 2011 which is valid for 3 years and I started working legally from May 2011.

My questions are:

1) My biometric residence permit shows the date of December 2010 as my legal start date of Tier 2 general visa, but it was posted to me dated April 2011, i.e. 4months late by the UKBA. Will I be questioned or penalised for this delay?

2) Will the above fact hinder my ILR application, which I am eligible for in the first week of August 2011?

3) Due to NI funding delays, my current employers paid me my first one and half month's salary through cheque as they could not put me on payroll. However they started paying me through payroll and gave proper payslips from the middle of June till date once the NI funding was cleared. My query is:

If I can show payslips for only the last 1 and half months and the money transaction through cheque from my office to my bank account as freelance contract for the missed payslip period while applying for ILR, will my ILR application be refused? My bank account has got more than enough funds.

4) If I wait till October to get my 3 months payslip before applying my ILR, will my case be influenced by the current changes in the ILR laws due to be made in September 2011?


Hope all this makes sense.

Thank you.

IMO the 90+ days rule apply when a person has gone abroad and sever his ties with UK, which is not the case here. If you could prove that you have worked for the employer who sponsored your WP whether its in the form of payslips, bank statements, P60, HMRC letter, employer letter then I am guessing it should be fine.